Working with Court Interpreters. Juvenile Law Seminar Atty. Carmel A. Capati Director of State Courts April 13, 2005

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1 Working with Court Interpreters Juvenile Law Seminar Atty. Carmel A. Capati Director of State Courts April 13, 2005

2 There are no facts, only interpretations - Friedrich Nietzsche

3 Overview 1) Federal and State Law 2) Practical Considerations 3) Alejandro Ramírez 4) Interpreter Certification and Best Practices

4 Interpreters: Federal Law

5 No explicit right to an interpreter in the US Constitution

6 Implicit or Quasi-Constitutional Right to a Court Interpreter Right to counsel (effective communication between attorney and client) under 6 th Amendment Right to confront witnesses, US ex rel. Negron v New York,, 434 F.2d 386 (2d Cir., 1970)

7 Exec. Order 13166; Title VI, Civil Rights Act 1964 If an agency (court) receives federal funding, interpreting services must be provided according to the LEP population Failure to ensure that people who are not proficient in English can effectively participate may constitute national origin discrimination prohibited by Title VI USDOJ monitors compliance in this area

8 Interpreters: State Law

9 When MUST a Court Appoint an Interpreter? If a party, witness while testifying, alleged victim, parent/legal guardian of a minor party, legal guardian of a party in interest, or other person affected by the proceedings has limited English proficiency (LEP) AND The court makes a finding an interpreter is needed AND

10 It is one of these kinds of cases: Criminal Chapter 48 Chapter 51 Chapter 55 Chapter 938: Juvenile

11 OR If a person has a disability under the Americans with Disabilities Act (ADA) affecting her ability to understand English OR is part of a jury panel in a court proceeding

12 When MAY the Court Appoint an Interpreter? If a party, witness (while testifying), alleged victim, parent/legal guardian, or other person affected by the proceedings has limited English proficiency (LEP) AND The court makes a finding that an interpreter is needed AND

13 If the person needs assistance at the clerk s counter OR If the person needs interpreter services outside the courtroom, with court approval (e.g. court ordered psychiatric exams)

14 State v Neave,, 117 Wis.2d 359 (1984) As a matter of fairness and sound judicial administration The assistance of an interpreter promotes judicial economy by reducing the risk of appeal on grounds of inaccurate interpreting or failure to appoint an interpreter

15 Who Pays for an Interpreter? The county pays for all interpreter expenses in proceedings before the circuit court if a person with LEP is indigent. The county pays for all interpreter services used at the clerks counter, if the person with LEP is indigent The county pays for all interpreter expenses in court proceedings if a person has a disability under the ADA affecting his ability to understand English REGARDLESS of ability to pay.

16 When May a County get Reimbursed for Interpreter Expenses? When the court makes a finding of INDIGENCY

17 Can the Court Assess Interpreter Expenses to the Juvenile? A court CANNOT assess interpreter fees for a person who needs an interpreter because of a disability A court CANNOT impose costs, fees, surcharges under ch against a juvenile under 14 years of age A court MAY impose costs, fees and surcharges under ch against a juvenile 14 years of age or older OR the parent of the juvenile 14 years of age or older

18 Practical Problems

19 Multiple Defendants Example: You have juvenile trial involving 3 Russian-speaking speaking co-defendants and 3 sets of Russian-speaking speaking parents Question: How many interpreters do you need? Do you need an interpreter for each defendant and for parents?

20 Multiple Defendants At least 2, one to simultaneously interpret the proceedings and one to rest, monitor and trade off every 45 minutes or so Wisconsin Supreme Court cases State v. Neave grants discretion to the trial court to determine what is the best practice State v Santiago,, the better practice may be to appoint one interpreter for the court and one for the defendant (did not address multiple defendants).

21 Multiple Defendants (con( con t) NCSC Model Guides for Policy and Practice in the State Courts recommends one interpreter for the court, working with a transmitter and headphones to interpret the courtroom proceedings for all defendants (and family members). Recommends a second interpreter to monitor and switch off. Recommends at least one interpreter available for the defendant (interpreting the question of the attorneys), but absent special circumstances, you should not need an interpreter for EACH defendant

22 Multiple Defendants (con( con t) Practical concerns for judge to consider: How courtroom is arranged Defendant(s) ability to see the interpreter Does defendant have a basic command of English to carry on conversations with counsel (without an interpreter) Is defense counsel insisting on counsel table interpreters in addition to proceedings interpreter Consider holding pretrial with attorneys and judge to work out logistics

23 Multiple Interpreters/Team Approach If there is only one non-english speaking defendant and no non-english speaking witnesses, one interpreter is enough If you expect the proceeding to last longer than 45 minutes, you should have two to switch off Research shows an interpreter s s accuracy drops drastically after 45 minutes of continuous interpreting

24 Multiple Parties Example: You have a juvenile trial involving 2 Somali co-defendants and several Somali witnesses Question: How many interpreters do you need? Answer: Two interpreters will be needed during witness testimony (counsel table interpreter who is interpreting English questions for defendant and who is able to assist with defendant-counsel questions AND the witness interpreter who is rendering what the witness is saying)

25 Interpreting Equipment Allows one interpreter with a transmitter to interpret for several people who have headphones Cost is somewhere between $700-$1000 $1000

26 Telephone Interpreting Commercial language line services (Language Service Association, Tele- Interpreters, Language Line) that provide immediate service Good for unique languages and shorter proceedings (under 20 minutes or so) More challenging for interpreters to interpret remotely, as they rely heavily on visual cues

27 Recoupment of Interpreter Expenses - Reminder Interpreter expenses can be assessed as costs to indigent defendants, just like attorney fees are and because interpreters are similar to expert witness fees, where fees can also be assessed ADA forbids this practice Keep in mind the Exec. Order and Title VI which requires meaningful access to LEP individuals

28 State Reimbursement to Counties Indigency determination by court triggers reimbursement State will reimburse counties for interpreter expenses in ANY kind of case, if there is a finding of indigency State reimburses counties at a higher rate for certified interpreters ($40) versus non-certified ($30) (Wis. Stat ) State reimburses counties for mileage ($.20 per mile) (Wis. Stat )

29 Alejandro Ramírez

30 Miranda Rights You have the right to remain silent. Anything you do or say could be used against you in a court of law You have the right to speak with an attorney or have an attorney present during questioning If you cannot afford a lawyer, one will be provided for you at the government s s expense

31 Translation of Interpreted Miranda Rights with a Qualified Interpreter OK, Alejandro, here are your right hands down with the law OK? OK? Uh, you have the right hand that something are going you can use against you in a court of the law You have the absolute right hand to remain quiet if you prefer to

32 Translation (con( con t) You have the right hand to give a lawyer s s visa before and also you have the right hand with the presence of a lawyer here with you during the questions And also if you cannot hit for a lawyer it s possible for having a lawyer OK OK Without paying the questions before OK? OK? Do you understand all these right hands down with the LAW?

33 Translation (con( con t) And for the incident without a lawyer or do you prefer that have a lawyer? We need your signature, please Here is the letter. This is the letter of with the inscription of and of your right hands.

34 What Standard do you Use do Determine Interpreter Accuracy? Appearance Standard? Performance Standard?

35 Appearance Standard Interpreter is always available Dresses nicely and is pleasant Appears professional Punctual Appears to be bilingual No one ever complains

36 Performance Standard Certification Testing Measure of whether an interpreter possesses native-like fluency in two languages Measure of whether an interpreter possesses necessary interpreting skills

37 Court Interpreter Certification Program

38 What is the Interpreter s s Job? To render everything said in court in the source language, into the target language: Accurately,, without any distortion of meaning Without omissions Without additions Without any changes in style or register With as little delay or interference in the routine pace of court proceedings as possible

39 Examples of Interpreter It sure did! Renditions INTERPRETATION BY EXAMINEE: Yes, I think so.

40 Examples (con( con t) were you able to actually see where the broken glass had come from? INTERPRETATION BY EXAMINEE: could you see where they broke the glass

41 Examples (con( con t) I I looked for a jacket that I had just bought, I hadn t t put it on yet, and it was missing. INTERPRETATION BY EXAMINEE: I I picked up a jacket which I had not worn and then I put it on.

42 Examples (con( con t) Atty. Question: Now, Mrs. Peña,, you indicated that you live in East Orange at 5681 Grand Street. INTERPRETATION: You say that you were eating an orange?

43 Court Interpreting Highly specialized profession that requires use of cognitive and motor skills being bilingual is not enough Do not use appearance standard to determine if an interpreter is doing an acceptable job Certification gives you a measure of quality assurance that an interpreter possesses the language skills needed to work in court

44 Certified Interpreters Attendance at a two-day orientation Pass written test which includes English proficiency, Legal Terminology, Ethics and Written Translation Pass oral performance examination testing in sight translation, consecutive and simultaneous interpreting in simulated legal setting Character and fitness requirement Signed oath on file to abide by Code of Ethics

45 Using Certified Interpreters Try to call first, whenever possible Use for more complex hearings For ASL interpreters in courts, use those individuals who have legal certification from Registry of Interpreters for the Deaf (RID) or National Association of the Deaf (NAD)

46 Locating an Interpreter:Roster 26 different languages 29 certified interpreters in the state (22 Spanish, 6 ASL, 1 Russian) Broken down by levels: Certified, Provisional, Trainee Court Roster Webpage:

47 Beware of The interpreter who says they are certified from another state The interpreter who does not interpret everything that is being said in the courtroom The interpreter who is engaging in conversation with the party or witness The interpreter who is coaching the party or witness The interpreter who draws undue attention to himself

48 What to expect from a qualified interpreter He will request clarification if something is not understood She will interpret in the first person and may address court in third person He may have paper and pens to take notes and a dictionary or other references She will not converse with party or witness except to interpret He will not lower the register of speech

49 What Judges Should Do Conduct voir dire of the interpreter to determine qualifications Swear in the interpreter: I I solemnly swear (or affirm) that in all proceedings in the courts of Wisconsin to which I am appointed an interpreter, I will interpret truly, accurately, completely, and impartially, in accordance with the standards prescribed by law, the Code of Ethics for court interpreters, and the Wisconsin guidelines for court interpreting.

50 Questions about Interpreters? Carmel Capati, Court Interpreter Program 110 E Main Street, #410, Madison, WI PH: carmel.capati@wicourts.gov